Realignment Update Aug 15 2012
Download original document:
Document text
Document text
This text is machine-read, and may contain errors. Check the original document to verify accuracy.
CENTER ON JUVENILE AND CRIMINAL JUSTICE AUGUST 2012 www.cjcj.org Research Brief UPDATE: Nine Months into Realignment: California’s Prisoner Decline Continues, New Admissions Rise As of August 15, 2012 By Mike Males, Ph.D. Senior Research Fellow, Center on Juvenile and Criminal Justice Introduction This publication analyses the latest data from California Department of Corrections and Rehabilitation (CDCR)’s Data Analysis Unit (2012) of new prison admissions covering the third and last quarters of 2011 and the first and second quarters of 2012. This directly compares prison admissions before and after Assembly Bill (AB) 109’s implementation, commonly referred to as “Realignment.” It provides ongoing analysis of the overall statewide and county-by-county prison commitment and population trends. New quarterly figures released by CDCR show that during the first 9 months of realignment there has been a 39% overall reduction in new prison admissions as of June 30, 2012, and a drop of 26,480 in the prison population as of August 8, 2012, compared to October 1, 2011. Realignment was designed to redirect non-serious, non-violent, non-sex offenders from incarceration in state prison to the supervision of local jurisdictions. Within the first 9 months of realignment, CDCR has already progressed two-thirds of the way toward the goal of reducing inmate populations by 40,000 by 2017. However, the initially steep reductions in prisoners may be almost over, and further cuts may prove harder to achieve. The second quarter of 2012 actually brought an increase in new admissions. From March through June 2012, 8,352 inmates were admitted to California prisons, an increase of 306 over the 8,046 admitted in January through March. A contributing factor to the increase was an additional 2 days in the 2nd than in the first quarter. From the first to the second quarter of 2012, new felon admissions increased but parole violators returned with a new term fell. This highlights the growing importance of both state and local parolee supervision in preventing violators from being returned to prison. The biggest increase in admissions, by far, was in new felon admissions for non-marijuana drug offenses, which rose by 22%, while property offender numbers rose by 6% and violent offender numbers remained the same. Of the state’s 58 counties, 33 showed increases (some significant, such as by Kings and Tulare counties), 21 counties showed declines (some significant, such as by San Mateo and Orange), and 4 counties showed no change. Still, California’s prison population fell by 4,002 from March 31 to June 30, 2012, even as new felon admissions increased. 1 Demographics of state prison commitments Broadly speaking, from the third quarter of 2011 to the second quarter of 2012, new admissions of female, white, and Asian offenders, parole violators, and drug and property offenders showed declines of over 40% (Table 1). Before realignment, 29.7% of prison admissions were for violent offenses; after realignment, 47.8%. Particularly large declines were recorded in admissions for nonmarijuana drug possession (-57%), petty theft with prior (-62%), marijuana sale/possession (-69%), and non-marijuana drug sales (-74%) (CDCR, 2012). Table 1. Changes in quarterly new commitments to state prison, post- vs. pre- realignment Total felon admissions to state prison by calendar quarter Change in new admissions (2012-2nd v. 2011-3rd): Pre-realignment Post-realignment Demographic: 2011-3rd 2011-4th 2012-1st 2012-2nd Number Percent Total 13,614 8,855 8,046 8,352 -5,262 -39% Female 1,473 627 506 558 -915 -62% Male 12,141 8,228 7,540 7,794 -4,347 -36% Race White 3,866 2,246 2,046 2,153 -1,713 -44% Black 3,147 2,364 2,083 2,165 -982 -31% Latino 5,913 3,771 3,536 3,629 -2,284 -39% Asian/other 688 474 381 405 -283 -41% Age Under 18 0 1 0 1 1 18-19 574 440 435 461 -113 -20% 20-24 2,562 1,784 1,728 1,739 -823 -32% 25-29 2,552 1,631 1,495 1,537 -1,015 -40% 30-34 2,216 1,380 1,271 1,334 -882 -40% 35-39 1,562 947 783 916 -646 -41% 40-44 1,470 890 808 791 -679 -46% 45-49 1,235 817 728 683 -552 -45% 50-54 827 552 422 513 -314 -38% 55-59 380 235 237 228 -152 -40% 60 AND OVER 236 178 139 149 -87 -37% Admission status New admission 9,723 6,439 5,982 6,440 -3,283 -34% Parole violator 3,891 2,416 2,064 1,912 -1,979 -51% Offense Violent crimes 4,039 3,912 3,992 3,996 -43 -1% Property crimes 4,331 2,089 1,730 1,833 -2,498 -58% Drug crimes 3,358 1,516 1,016 1,160 -2,198 -65% Other crimes 1,886 1,338 1,308 1,363 -523 -28% Source: CDCR, 2012. 2 County-by-county At first glance at the top of Table 2, 11 counties (including 4 major ones:1 San Joaquin, Santa Cruz, Madera, and Kings) appear to contradict realignment trends. Their prison commitments increased or showed no change in the first 9 months of realignment even as 47 counties showed declines. However, 8 of these 11 counties (including Santa Cruz) had substantially lower than average rates of state prison commitments before realignment, leaving a smaller margin for additional reductions. However, Kings, San Joaquin, and Madera counties had both higher than average rates of imprisonment before realignment and increased imprisonments after realignment. In contrast, 12 counties (including 4 major ones: San Mateo, Orange, Santa Clara, and Solano) showed declines of 50% or more in new prison commitments after realignment. These reductions are significant, since all 12 of these counties previously had lower than average rates of state imprisonment. Similarly, San Francisco achieved a 47% reduction in new prison commitments after realignment despite already having California’s lowest imprisonment rate, just one-fourth the state average. Table 2. Change in counties’ new commitments to state prison, post- versus pre-realignment period Change in new admissions County (ranked Felon new admissions to state prison by quarter Pre-realignment Post-realignment (2012-2nd v. 2011-3rd): by percent 2011-3rd 2011-4th 2012-1st 2012-2nd Number Percent change): Modoc Del Norte Colusa Trinity Santa Cruz San Joaquin San Benito Madera Kings Mariposa Sierra Amador Napa Shasta Marin Stanislaus Yolo Mendocino San Luis Obispo Butte Lake San Diego Yuba Merced Tulare Contra Costa Monterey Lassen Sonoma Sacramento 0 6 4 2 22 182 12 42 113 4 1 12 26 91 23 157 93 35 63 120 24 830 44 72 179 135 171 18 90 524 2 3 4 1 36 175 10 24 72 2 0 5 24 74 19 135 61 21 43 57 18 618 44 58 129 123 119 6 90 451 1 9 1 5 22 206 10 46 52 1 2 10 25 62 20 131 51 16 35 65 25 559 44 55 83 96 112 4 56 314 2 12 7 3 30 223 14 44 113 4 1 11 23 80 20 134 74 27 48 88 17 581 30 49 121 91 115 12 60 345 +2 +6 +3 +1 +8 +41 +2 +2 0 0 0 -1 -3 -11 -3 -23 -19 -8 -15 -32 -7 -249 -14 -23 -58 -44 -56 -6 -30 -179 +~ +100% +75% +50% +36% +23% +17% +5% 0% 0% 0% -8% -12% -12% -13% -15% -20% -23% -24% -27% -29% -30% -32% -32% -32% -33% -33% -33% -33% -34% 1 In this publication “major counties” refers to counties with 500 or more inmates in state prison as of December 31, 2011. Those counties include: Alameda, Butte, Contra Costa, Fresno, Humboldt, Kern, Kings, Los Angeles, Madera, Merced, Monterey, Orange, Placer, Riverside, Sacramento, San Bernardino, San Diego, San Francisco, San Joaquin, San Luis Obispo, San Mateo, Santa Barbara, Santa Clara, Santa Cruz, Shasta, Solano, Sonoma, Stanislaus, Tehama, Tulare, Ventura, Yolo, and Yuba. 3 Los Angeles Tehama Alameda Statewide Placer Siskiyou Fresno Tuolumne Kern San Bernardino Riverside Glenn Ventura Humboldt San Francisco Santa Barbara Nevada Solano El Dorado Santa Clara Calaveras Imperial Orange Sutter San Mateo Plumas Inyo Mono Alpine 4,412 47 250 13,614 58 20 477 22 532 1,300 968 11 176 59 106 142 12 95 40 554 9 46 936 47 185 6 4 1 0 2,915 21 197 8,855 57 6 316 15 291 784 575 7 100 33 66 77 6 70 28 251 6 29 446 22 94 3 3 0 0 2,601 36 179 8,046 46 6 303 7 281 646 594 5 82 30 59 64 2 55 41 239 5 16 503 20 88 5 3 0 0 2,736 29 154 8,352 35 12 285 13 314 743 533 6 96 32 56 72 6 47 19 256 4 20 405 20 70 2 1 0 0 -1,676 -18 -96 -5,262 -23 -8 -192 -9 -218 -557 -435 -5 -80 -27 -50 -70 -6 -48 -21 -298 -5 -26 -531 -27 -115 -4 -3 -1 0 -38% -38% -38% -39% -40% -40% -40% -41% -41% -43% -45% -45% -45% -46% -47% -49% -50% -51% -53% -54% -56% -57% -57% -57% -62% -67% -75% -100% -~ Source: CDCR, 2012. Second Quarter 2012 Trends In realignment’s initial quarter (October-December 2011), total felon admissions fell by 4,759 compared to the previous quarter; in the second quarter (January-March 2012), total felon admissions dropped by another 809. However, in the third post-realignment quarter (April-June 2012), counties sent 306 more felons to state prison than in the previous quarter (Table 3). The increase was disparate among the counties. The increase consisted of new felon admissions (up 8%), while parole violators returned to prison with a new term dropped (-7%). Offenders convicted of the relatively small number of drug and a few other non-violent, non-serious, non-sex (“non-non-non”) crimes – particularly those involving drugs other than marijuana – that still merit state imprisonment showed increased prison numbers while imprisonments for violent offenses remained the same. Within the violent offense category, robbery and rape admissions showed large declines, homicide admissions were stable, and aggravated assault admissions rose. The increase in new imprisonments was concentrated in 33 counties that sent 628 more offenders to state prison in the second quarter of 2012 than in the first quarter and mainly affected drug offenders, not violent ones. Meanwhile, 21 counties continued reducing their new prison commitments substantially, by 317, in April-June 2012. 4 Table 3. Demographic changes in quarterly new commitments to state prison, 2012 Total felon admissions to state prison by Change in new admissions Offender, offense, county details calendar quarter, post-realignment (2012-2nd v. 2012-1st): Offender status 2012-1st 2012-2nd Number Percent Total 8,046 8,352 306 +4% New felon admission 5,982 6,440 458 +8% Parole violator returned to prison 2,064 1,912 -152 -7% Offense categories Crimes against persons 3,992 3,996 4 +0% Property crimes 1,730 1,833 103 +6% Drug crimes 1,016 1,160 144 +14% Other crimes 1,308 1,363 55 +4% Selected offenses Murder/manslaughter 287 286 -1 -0% Robbery 934 874 -60 -6% Rape 69 46 -23 -33% Aggravated assault 801 879 78 +10% Drug sale (non marijuana) 389 410 21 +5% Drug possession (non marijuana) 564 688 124 +22% Petty theft with prior 164 165 1 +1% Marijuana sale/possession 63 62 -1 -2% County prison admission status 33 counties with increases 5,779 6,407 628 +11% 21 counties with decreases 2,215 1,898 -317 -14% Source: CDCR, 2012. Note: 4 counties showed no change in admissions, and admissions from “other” areas fell by 5. Conclusion While overall prison populations and new prison commitments in 21 counties continued their decline in the second quarter of 2012, the overall number of new prison commitments rose for new felons, certain drug and assault offenses, and in 33 counties. Several factors could lie behind these unexpected new numbers. Perhaps realignment has already transferred the majority of non-violent, non-serious, non-sex offenders to retain at local levels. The reduction of 26,480 in state prison populations in the first 10 months of realignment, including a 39% decline in new commitments, has been much more rapid than predicted. Further reductions in prison populations may be difficult to achieve. Alternatively, perhaps a real increase in serious crime is generating more felons eligible for state prison (2011 and 2012 arrest data are not yet available to explore this possibility). However, these two possibilities appear implausible based on available information. The biggest reason is that in the second quarter of 2012, new felon admissions to prison continued to decline in 21 counties, including a diverse array of both populous, urban counties (Orange, Riverside, Alameda, San Francisco, Merced, Fresno, Solano, Napa, Madera) and smaller and rural ones (Inyo, Plumas, Lake, Tehama). If the state had exhausted the transfer of non-non-non felons or counties were experiencing increases in crimes meriting state imprisonment, one would expect these trends to be occurring across the state. Further, one would not expect to see real increases in some offenses, such as non-marijuana drug and aggravated assault, alongside sharp declines in others, such as marijuana, rape, and robbery offenses; statewide crime trends tend to be more generalized. These factors suggest a third possibility: prosecutors in certain jurisdictions could be exploring ways to avoid realignment mandates by charging more defendants with those offenses still eligible 5 for state imprisonment. For example in November 2011, Los Angeles District Attorney, Steve Cooley, announced he was teaching his staff “to ‘scour’ criminal records to make sure they note any prior offenses when they file new charges, and to make sure that new charges include offenses categorized as serious, violent or sexual when possible” (Lagos, 2011). Whether as a result of deliberate policy or for other reasons, Los Angeles’s prison commitments rose by 135 from the first to the second quarter of 2012, reversing the county’s previous decline. In a previous report, we concluded that many counties that had become “state dependent” by using the prison system as a repository for lower-level drug and property offenders and would face correspondingly greater challenges in implementing realignment (CJCJ, 2011). Indeed, as realignment has shifted thousands of the lower-level drug and property offenders from state to local management, formerly large disparities in county imprisonment rates have widened further. For example, in the last quarter before realignment, a felon in Kings County was approximately 10 times more likely to be sent to state prison than a felon in San Francisco; today, after realignment, that disparity has risen to 18 times. These data demonstrate that a number of counties now are sending more drug (and, to a lesser extent, drug-involved property) offenders to prison. Whether the issue is that more drug offenders are now being charged under the few drug-offense statutes that still permit state imprisonment, or that other factors account for this increase, needs to be examined. References California Department of Corrections and Rehabilitation (CDCR). (2012). Characteristics of Felon New Admissions and Parole Violators Returned with a New Term. July-September 2011; October-December, 2011; JanuaryMarch, 2012; April-June 2012. Provided by CDCR by request. See semi-annual reports at: http://www.cdcr.ca.gov/Reports_Research/Offender_Information_Services_Branch/Annual/Achar1Archive.ht ml Center on Juvenile and Criminal Justice (CJCJ). (2011). Can California’s county jails absorb low-level state prisoners? San Francisco, CA: CJCJ. At: http://cjcj.org/files/Can_California_County_Jails_Absorb_LowLevel_State_Prisoners.pdf Lagos, M. (2011, November 20). Prison plan sways prosecutors in filing charges. San Francisco Chronicle. At: http://www.sfgate.com/politics/article/Prison-plan-sways-prosecutors-in-filing-charges-2288769.php#page-1 Please note: Each year, every county submits their data to the official statewide databases maintained by appointed governmental bodies. While every effort is made to review data for accuracy, CJCJ cannot be responsible for data reporting errors made at the county level. For more information please contact: Center on Juvenile and Criminal Justice 40 Boardman Place San Francisco, CA 94103 (415) 621-5661 cjcjmedia@cjcj.org www.cjcj.org www.cjcj.org/blog facebook.com/CJCJmedia twitter.com/CJCJmedia The Center on Juvenile and Criminal Justice is a nonprofit, nonpartisan organization that offers policy analysis, 6 program development, and technical assistance in the criminal justice field.